Magistrate Judge Christopher J. Burke recently considered the impact of a final judgment in a parallel Nevada action on several motions for summary judgment. Spectrum Pharmaceuticals, Inc., et al. v. InnoPharma, Inc., et al., C.A. No. 12-260-RGA-CJB (D. Del. May 22, 2015). Judge Burke ultimately recommended that the defendants’ invalidity motion be granted on collateral estoppel grounds, and the defendants’ non-infringement motion be granted on collateral estoppel grounds with respect to the asserted claims that were the subject of the Nevada judgment. Judge Burke recommended that the plaintiffs’ validity motion be denied as moot, and that the defendant’s non-infringement motion with respect to the asserted claims that were not at issue in the Nevada action also be denied as moot based on a representation by plaintiffs’ counsel that those claims were no longer being asserted.

We previously reported on Judge Sleet’s in limine rulings directed to Section 271(f) and European Patent Office proceedings in patent litigation related to aortic valve stents between Edwards Lifesciences and Medtronic Corevalve. After a jury trial last week, the jury awarded Edwards Lifesciences lost profit damages and reasonable royalties. The verdict form has been made […]

Delaware IP Law Blog Author, Greg Brodzik, and Contributor, Jim Lennon, were invited by IPWatchdog.com to comment on the Supreme Court’s recent decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., 569 U.S. ___, on the scope of patent eligibility in the context of DNA discoveries. Follow this link to […]

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